Nicholas Malfitano News

Superior Court upholds trial court finding of no monetary damages in car accident case

By Nicholas Malfitano | Feb 23, 2016

PHILADELPHIA – The Superior Court of Pennsylvania affirmed a judgment from the Montgomery County Court of Common Pleas, of no monetary damages to one of the parties involved in a 2009 car accident case.

Judge transfers suit over 3-D imaging during CONCACAF Gold Cup

By Nicholas Malfitano | Feb 23, 2016

PHILADELPHIA – Per order of a federal judge, a patent infringement lawsuit between a pair of 3-D signage companies and a trio of foreign defendants is being transferred to U.S. District Court for the Southern District of Florida.

District Court denies class certification in suit against City of Philadelphia for parking fees

By Nicholas Malfitano | Feb 18, 2016

PHILADELPHIA – A federal court has denied certification to a plaintiff seeking to establish a class action lawsuit against the City of Philadelphia for allegedly improperly collected parking fees.

Superior Court upholds prior $10K judgment against Citibank card-holder

By Nicholas Malfitano | Feb 18, 2016

PITTSBURGH – A prior-decided $10,000-plus judgment against a financial entity’s cardholder will stand, according to the Superior Court of Pennsylvania.

Default judgment awarded to Department of Labor against Yardley law firm

By Nicholas Malfitano | Feb 18, 2016

PHILADELPHIA – A federal judge has awarded a default judgment to the Department of Labor, against a Yardley law firm that allegedly did not forward its employees’ 401K payments, in violation of Title I of the Employee Retirement Income Security Act of 1974 (ERISA).

Federal court finds no Monell violation from Philly parking enforcement officer

By Nicholas Malfitano | Feb 18, 2016

PHILADELPHIA – A man who alleges he was falsely arrested and detained after a supposed altercation with a Philadelphia Parking Authority officer has had claims of a Monell violation dismissed, through a motion of summary judgment found for the defense.

Local salvage company proprietor may face incarceration for failure to pay settlement, sanction costs

By Nicholas Malfitano | Feb 18, 2016

PHILADELPHIA – The proprietor of a local salvage company may face immediate incarceration, for failing to fulfill the remaining balance of a settlement award and subsequent sanctions in a personal injury case.

CSX seeks to vacate settlement with injured employee

By Nicholas Malfitano | Feb 18, 2016

PHILADELPHIA – A former railroad worker’s alleged failure to sign and return a settlement agreement has his former employer seeking to strike the settlement and dismiss his complaint in its entirety.

Sidewalk fall case involving New York couple settled in advance of arbitration hearing

By Nicholas Malfitano | Feb 18, 2016

PHILADELPHIA – A premises liability suit from a Brooklyn, N.Y. couple against several defendants based on an injuries fall occurring in December 2011 has been settled, per a praecipe from counsel for the couple.

Injury suit between N.J. woman and Philly restaurant settled

By Nicholas Malfitano | Feb 18, 2016

PHILADELPHIA – As of Wednesday, a premises liability suit between a Cherry Hill, N.J. woman and the Continental Midtown Restaurant in Philadelphia has been settled.

Sears wins slip-and-fall case over 'unusually shiny' floor

By Nicholas Malfitano | Feb 17, 2016

PHILADELPHIA – A motion for summary judgment has been granted for Sears Roebuck, Inc. in the U.S. District Court for the Eastern District of Pennsylvania, in a slip-and-fall negligence suit filed against the department store company.

Credit One secures motion to dismiss and compel arbitration with cardholder

By Nicholas Malfitano | Feb 17, 2016

PHILADELPHIA – After having its motion to dismiss and compel arbitration against one of its cardholders initially denied, a renewed motion using additional discovery evidence proved successful for Credit One Financial.

U.S. District Court dismisses Philly convenience store's breach of contract claim against Utica Insurance

By Nicholas Malfitano | Feb 17, 2016

PHILADELPHIA – A Philadelphia convenience store has had its breach of contract suit against a New York-based insurance provider dismissed by a federal judge.

Philadelphia federal court sends breach of contract case to Michigan

By Nicholas Malfitano | Feb 17, 2016

PHILADELPHIA – A breach of contract suit between a Pennsylvania safety equipment distributor and a Michigan shoring products manufacturer is heading to federal court in Michigan.

Third Circuit Court strikes down consultant's breach of contract, unjust enrichment claims

By Nicholas Malfitano | Feb 17, 2016

PHILADELPHIA – The U.S. Court of Appeals for the Third Circuit affirmed a decision from the U.S. District Court for the Western District of Pennsylvania on Friday, in a breach of contract case involving a manufacturing business and their former consultant.

Commonwealth Court dismisses petition to keep Wilson College gender-separated

By Nicholas Malfitano | Feb 17, 2016

HARRISBURG – Due to “lack of standing”, the Commonwealth Court of Pennsylvania has denied a petition from four female alumnae of Wilson College, who appealed a Pennsylvania Department of Education order allowing the school to become fully coeducational.

Third Circuit overturns judgment in excessive force case

By Nicholas Malfitano | Feb 17, 2016

PHILADELPHIA – A prior-approved summary judgment motion in an excessive force action has been vacated by the U.S. District Court for the Western District of Pennsylvania.

Preliminary injunction hearing in towing company case continued to Friday

By Nicholas Malfitano | Feb 17, 2016

PHILADELPHIA – A rule hearing on a preliminary injunction has been continued until this Friday, in order to give a Philadelphia-area towing company and its owner time to secure new counsel.

Counsel for plaintiffs suing for SEPTA bus-motor vehicle accident leaving litigation

By Nicholas Malfitano | Feb 12, 2016

PHILADELPHIA – Plaintiff counsel for a man injured in a SEPTA bus collision with another vehicle has exited the litigation, citing a breakdown in communication with his client.

PECO seeks judgment and City assistance in repossessing electric equipment

By Nicholas Malfitano | Feb 12, 2016

PHILADELPHIA – Counsel for PECO Energy Company is seeking official permission and assistance from the City of Philadelphia to repossess its property from a pair of defendants.

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